Injured at Work — How to Claim Workers Compensation
Every worker in Australia can claim workers compensation, regardless of visa type or casual status. We've laid it out in 5 steps — from reporting the injury and getting treatment, to lodging the claim form and disputing a rejection.
What Is Workers Compensation
Workers compensation is a scheme that provides medical expenses, weekly payments (a portion of your wages), rehabilitation and permanent impairment compensation to workers who are injured at work or develop a work-related illness. In Australia it is run by each state/territory, not federally — NSW has icare (regulated by SIRA), VIC has WorkSafe Victoria, QLD has WorkCover Queensland, WA has WorkCover WA, and SA has ReturnToWorkSA. Employers are under a legal obligation to hold workers compensation insurance and pay the full premium — workers pay nothing. It is also, as a rule, a no-fault scheme, so even if you were injured through your own mistake, you can claim as long as the injury is work-related.
Who can claim — regardless of visa or employment type
Workers compensation applies to all workers regardless of visa type. Temporary visa holders — Working Holiday (subclass 417/462), student visas and the Temporary Graduate visa (subclass 485) — are protected in exactly the same way. Full-time, part-time and casual workers, workers on probation, and labour hire workers are all covered. However, independent contractors working on an ABN are treated differently, so check separately (see the FAQ below).
The 5-Step Claim Process
A claim broadly proceeds in 5 steps: ① Report the injury immediately (tell your employer/supervisor and have it recorded in the register of injuries) → ② Get treatment (see a GP, obtain a certificate of capacity) → ③ Lodge the claim form (with the state authority or your employer's insurer) → ④ The insurer's decision (accept/decline) → ⑤ Review and dispute process if declined. If you get stuck at any step, you can use the state authority's helpline or free legal help from Legal Aid or a community legal centre.
Certificate of capacity — the dedicated workers compensation certificate
You need to ask your GP for the dedicated workers compensation form, a certificate of capacity (in QLD, a work capacity certificate) — not an ordinary medical certificate. Along with the injury details, it records your capacity for work — unfit for work, fit for suitable duties, or fit for normal duties — and is the basis for your weekly payments. At the first consultation you must say it is a work-related injury so it goes on your medical record; the certificate has a validity period, so renew it if your treatment continues.
- Report the injury to your employer/supervisor immediately and check that it has been recorded in the register of injuries
- Tell the GP it is a work-related injury and obtain a certificate of capacity
- Keep a copy of the claim form, your claim number, and receipts for all treatment costs
Reporting and claim deadlines vary by state. It is safest to report and claim as soon as possible after the injury — at most within a few months (e.g. QLD generally requires claims within 6 months); check the exact deadline on the relevant state authority's official website.
Required Documents and What to Prepare
The documents required to lodge a claim differ slightly between states, but the common essentials are below. Even if your paperwork is not complete, you can lodge first and supplement later, so the priority is not missing the deadline. If you don't know your employer's insurer or policy number, you can contact the state authority to look it up.
- Certificate of capacity (in QLD, a work capacity certificate) — keep both the first certificate and every renewal
- A record of how the accident happened — date, time, place, witness details, whether it was entered in the register of injuries, and photos of the scene
- Proof of income such as payslips and your employment contract, plus receipts for treatment and medication
Even if your employer delays or refuses to pass on your claim form, you can lodge it directly with the state authority or the insurer. Don't give up just because the lodgement is being blocked.
What You Can Be Compensated For — 4 Categories
There are broadly 4 categories of compensation you can receive through workers compensation. Specific rates, caps and durations differ by state, so check the relevant state authority's official website.
Workers compensation insurance covers the reasonable costs of treating your injury — GP and hospital consultations, surgery, physiotherapy, medication and more. Keep all your receipts.
While you are unable to work because of the injury, you receive a portion of your wages as weekly payments. The rate and duration depend on the state and how much time has passed.
Support includes rehabilitation, a return to work plan for gradually resuming work through suitable duties, and vocational retraining where needed.
If you are left with a permanent impairment, you can separately claim a lump sum based on an assessment of the degree of impairment. Assessment and claim procedures differ by state.
5 Practical Tips for Each Step
What decides the outcome of a real claim is your records. Following these 5 tips puts you in a much stronger position if a dispute arises later.
- Report the injury immediately, and after any verbal report keep a written record by text or email — it prevents any 'we never heard about it' dispute.
- At your first consultation, be sure to say you were injured at work — a mention of work-relatedness in your medical record is the strongest evidence.
- Secure photos of the accident scene, witness names and contact details, and your work records for that day (roster, clock-in/out records) straight away.
- Keep the dates of calls with the insurer and your employer, the names of the people you spoke to, and your claim number all in one place.
- If English is a barrier, you can speak with the state authority through TIS National (131 450), the free telephone interpreting service.
Warnings and Common Mistakes
These are common mistakes in workers compensation claims. Most arise from not keeping records early on, so how you respond on the day of the injury matters most.
- Delaying the report — the longer you wait, the harder it becomes to prove the link between the injury and your work, and you may miss your state's claim deadline.
- Accepting your employer's offer to 'settle in cash instead of going through insurance' — without an official record, you cannot be compensated even if complications develop later.
- Not mentioning the work-relatedness at your consultation and paying only through Medicare or out of pocket — no workers compensation record is created, making a later claim difficult.
- Putting up with dismissal, cut shifts or threats because you claimed — this is illegal (a breach of the general protections), so report it to the Fair Work Ombudsman or your state regulator.
- Forgetting to renew your certificate of capacity, or not responding to the insurer's request for an independent medical assessment — your weekly payments may be stopped.
Useful Official Links
- Safe Work Australia(opens in a new window)
Safe Work Australia, the national policy body — provides comparisons of state workers compensation schemes and nationwide basic information.
- icare NSW(opens in a new window)
icare, the NSW workers compensation insurer (the regulator is SIRA) — explains how to lodge a claim and the process if you are injured in NSW.
- WorkSafe Victoria(opens in a new window)
WorkSafe Victoria, the VIC workers compensation operator and regulator — provides claim forms, procedures and employer obligations.
- WorkSafe Queensland (WorkCover)(opens in a new window)
WorkCover Queensland, the QLD workers compensation authority — offers online claim lodgement and guidance on journey claims.
- Fair Work Ombudsman(opens in a new window)
Fair Work Ombudsman — advice and reporting for general protections breaches such as dismissal or adverse treatment for making a workers compensation claim (13 13 94).
Frequently Asked Questions
Can I claim workers compensation while working on a Working Holiday or student visa?▾
Yes. Workers compensation in Australia applies to all workers regardless of visa type. Working Holiday (subclass 417/462), student visa and Temporary Graduate visa (subclass 485) holders who are injured at work can claim in exactly the same way as citizens and permanent residents, and making a workers compensation claim does not affect your visa status.
Can casual or part-time workers claim too?▾
Yes. If you are a worker, you are covered by workers compensation regardless of your employment type — full-time, part-time or casual. You can claim even if you were injured during a probation period or on your first day of work, and even if you have been paid in cash.
Do I have to pay for workers compensation insurance? What if my employer doesn't have it?▾
No. Taking out workers compensation insurance is a legal obligation of the employer, and the employer pays the full premium. Deducting workers compensation premiums from a worker's wages is illegal. Even if your employer has no insurance, each state has arrangements in place to protect workers — don't give up, and contact the relevant state authority.
Are injuries on the way to or from work covered as workers compensation?▾
It depends on the state. For example, QLD recognises journey claims (accidents while commuting) relatively broadly, whereas NSW limits them to cases with a real and substantial connection to work, and VIC's coverage is narrow as a rule. For accidents while commuting or on a break, always check the official guidance from the relevant state authority.
What if my employer tries to stop me from reporting, or threatens to fire me if I claim?▾
Dismissal, threats, cutting your shifts or any other adverse treatment because you made a workers compensation claim is illegal and breaches the general protections under the Fair Work Act. If your employer obstructs your report or claim, you can report it to the state workers compensation regulator (SIRA, WorkSafe, etc.); for dismissal or retaliation, contact the Fair Work Ombudsman (13 13 94). Do not accept an offer to 'settle in cash instead of going through insurance' — it leaves no official record.
Can contractors working on an ABN claim workers compensation?▾
As a rule, an independent contractor working on an ABN is not covered by the employer's workers compensation insurance and needs to arrange their own injury and income protection insurance. However, if in practice you worked like an employee, you may be treated as a deemed worker under your state's criteria and be able to receive compensation. Gig workers such as delivery riders should also check the gig work guide, and if you are unsure, contact the state authority or a free legal service.
The reporting deadline has passed — can I still claim now?▾
Claim deadlines vary by state (e.g. QLD generally requires claims within 6 months of the injury), and even after the deadline, claims may still be accepted as an exception if there is a reasonable excuse. The longer you wait, the harder it becomes to prove the link between your injury and your work, so contact the relevant state authority and lodge your claim as soon as you can — even now.